Protection matter -- Runaway couple - Live-in-relationship - Boy aged about 24 years and girl aged 16 years and 9 months - Petitioners ran away and decided to be in live-in-relationship till girl gets major - They claim to be living together forced by circumstances triggered by parents of girl, who want to marry her with another boy of their choice - Petitioners claim..........
Civil Procedure Code, 1908, Section 100 -- Second appeal - Substantial question of law - Inference of fact from recitals or contents of a document is a question of fact, but legal effect of terms of document is a question of law - Construction of a document involving application of any principle of law, is also a question of law - When there is misconstruction of a..........
Evidence Act, 1872, Section 64 -- Contents of a document - Mere filing or exhibiting a document in Court doe snot amount to proving its contents - Admission of documents in Court may amount to admission of its contents, but not the veracity of those - Only documents produced and exhibited in the course of evidence alone could be relied on - Documentary evidence must be..........
Evidence Act, 1872, Section 64 -- Contents of a document - Mere filing or exhibiting a document in Court does not amount to proving its contents...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Accused is in already in custody - He could not approach Courts of Sessions on account of lock down consequent to COVID-19 scare - High Court has power and jurisdiction to entertain bail application directly without compelling accused to first approach Court of Sessions, as per directions of Supreme Court - Applicant is..........
Marriage -- Protection to life and liberty of couple - Boy aged 25 years and girl aged 17 years 3 months - Marriage in violation of S.5(iii) of Hindu Marriage Act - Threat to life and liberty of couple - Issue involved is not validity of marriage but protection of life and liberty - Mere fact that petitioners are not of marriageable age would not deprive them of their..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Contents of plaint alone are required to examined while considering application U.O.7.R.11 CPC - Neither defence nor evidence comes into play at this stage...........
Civil Procedure Code, 1908, Order 7, Rule 11(a), (b) -- Rejection of plaint - Contents of plaint does not disclose that suit is barred by limitation - Lack of specific date of knowledge does not disentitle plaintiff to an opportunity to prove his case - It cannot be said that plaintiff has not disclosed date, month or year of crucial events - Plaint cannot be rejected -..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Scribe of FIR not produced by prosecution - Even name of scribe is absent in ejahar - It creates a suspicious circumstance about actual maker of FIR as well as contents therein and naturally doubt will arise to genuinity of contents of ejahar...........
Will -- Execution - Suspicious circumstances in relation to the Will not cleared - Therefore, it cannot be said that the testatrix executed and signed the document after having understood the meaning, effect and purport of the contents...........
